R-2020-0353 - 12/3/2020RESOLUTION NO. R-2020-0353
WHEREAS, the City of Round Rock ("City") desires to retain professional consulting services
related to expert witness/litigation services for wholesale rate cases; and
WHEREAS, Raftelis Financial Consultants, Inc. has submitted an Agreement for Professional
Consulting Services to provide said services; and
WHEREAS, the City Council desires to enter into said agreement with Raftelis Financial
Consultants, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Professional Consulting Services Related to Expert Witness/Litigation Services for
Wholesale Rate Cases with Raftelis Financial Consultants, Inc., a copy of same being attached hereto
as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 5 51, Texas Government Code, as amended.
RESOLVED this 3rd day of December, 2020.
CRAMO�'N, Mayor
City of Rou 4
cJ�°IZock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112.20202, 00460428
EXHIBIT
"A0
CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES RELATED TO
EXPERT WITNESS/LITIGATION SERVICES
FOR WHOLESALE RATE CASES
WITH
RAFTELIS FINANCIAL CONSULTANTS, INC.
THE STATE OF TEXAS §
THE CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS
THIS AGREEMENT for professional consulting services related to expert
witness/litigation services for wholesale rate cases (the "Agreement") i*s made and entered into on
this day of the month of , 2020, by and between the CITY OF
ROUND ROCK, a Texas home -rule municipal corporation with offices located at 221 East Main
Street, Round Rock, Texas 78664m5299, (the "City") and RAFTELIS FINANCIAL
CONSULTANTS, INC., located at 3775 Capital of Texas Highway, Suite 155, Austin, Texas
78704 (the "Consultant").
RECITALS:
WHEREAS, City has determined that there i*s a need for professional services related to
expert witness/litigation services for wholesale rate cases; and
WHEREAS, City desires to -contract with Consultant for such services; and
WHEREAS, the parties desire to enter into thl*s'Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSET 0
That for and in consideration of the mutual promises contained herein and other good and
Is
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM'
This Agreement shall be effective on the date this Agreement has been signed by each party
hereto and shall remain in full force and effect unless and until it explores by operation of the term
iherein or indicateds terminated or extended as provided herein.
The term of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved.
00459859/ss2
City reserves the right to review the Agreement at any time and may elect to terminate the
Agreement with or without cause or may elect to continue.
2.01 PROPOSAL FOR SERVICES
For purposes of this Agreement, Consultant has issued its proposal for services for the tasks
delineated therein, such proposal for services being attached to this Agreement as Exhibit "A"
titled "Scope of Work," which document is incorporated herein for all purposes.
3.01 SCOPE OF SERVICES
Consultant shall satisfactorily provide all services described herein and as set forth i"n
Exhibit "A" according to the schedule set forth agreed upon by the parties. Consultant's
undertaking shall be limited to performing services for City and/or advising City concerning those
matters on which Consultant has been specifically engaged. Consultant shall perform services in
accordance with this Agreement i*n a professional and workmanlike manner pursuant to the Work
Schedule attached as Exhibit "B," and incorporated herein by reference for all purposes.
4.01 LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed i*s enumerated i*n
Exhibit "A" and herein, and Consultant shall not undertake work that I*s beyond the Scope of Work
set forth I*n Exh1*bi*t'(&A," however, either party may make written requests for changes to the Scope
of Work. To be effective, a change to the Scope of Work must be negotiated and agreed to and
must be embodied i*n a valid Supplemental Agreement as described I*n 10.01.
5.01 CONTRACT AMOUNT
In consideration for the consulting services Consultant shall be paid on the basis of actual
hours worked by employees performing work associated with this Agreement, i*n accordance with
the Fee Schedule attached hereto as Exhibit "C."
Not -to -Exceed Total Payment for Services0
: Consultant's total compensation for
consulting services hereunder shall not exceed One Hundred Seventy -Five Thousand and
No/100 Dollars ($175,000.00). This amount represents the absolute limit of CI*ty's liability to
Consultant hereunder unless same shall be changed by Supplemental Agreement, and City shall
pay, strictly within the not -to -exceed sum recited herein, Consultant's fees for work done on behalf
of City.
Payment for Reimbursable Expenses: There shall be no payments for reimbursable
expenses included I*n this Agreement.
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6.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the City, in accordance with the delineation contained herein, for services rendered. Such invoices
for services shall track the referenced Scope of Work, and shall detail the services performed,
along with documentation for each service performed. Payment to Consultant shall be made on
the basis of the invoices submitted by Consultant and approved by the City. Such invoices shall
conform to the schedule of services and costs in connection therewith.
Should additional backup material be requested by the City relative to service deliverables,
Consultant shall comply promptly. In this regard, should the C*tyrmi
ne it necessary,
Consultant shall make all records and books relating to this Agreement available to the City for
inspection and auditing purposes.
Pavment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described I*n Section 8.01 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and the City or because of amounts which the City has a right to withhold under this Agreement
or state law. The City shall be responsible for any sales, gross receipts or similar taxes applicable
to the services, but not for taxes based upon Consultant's net income.
7.01 INSURANCE
Consultant shall meet all City of Round Rock Insurance Requirements set forth at.,*
httv : //-www. ro undrock,.-tex as. gov/wp-content/,Up. oads/201.4/12/corr insurance 074,20112.vat.
Mann
Consultant's Certificate of Insurance is attached as Exhibit "D."
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 225 1, V.T.C.A., Texas Government Code, any payment to be
made by the City to Consultant will be made within thirty (30) days of the date the City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date the City receives a correct invoice for the goods or services, whichever i*s
later. Consultant may charge interest on an overdue payment at the "rate i*n effect" on September
1 of the fiscal year i*n which the payment becomes overdue, i*n accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments
made by the City in the event:
(a) There is a bona fide dispute between the City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late;
or
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(b) There i*s a bona fide dispute between Consultant and a subcontractor or between
a subcontractor and its supplier about the goods delivered or the service
performed that causes the payment to be late; or
(C) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(d) The invoice iisnot maled to the City in strict accordance with any instructionon
on the purchase order relating to the payment.
9.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the CI*ty's current revenues only. It i*s understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the services
as determined by the City9s budget for the fiscal year in question. The City may effect such
termination by giving Consultant a written notice of termination at the end of its then -current fiscal
year.
10.01 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement hereto,
duly authorized by City Council or by the City Manager, I*f the City determines that there has been
a significant change in (1) the scope, complexity, or character of the services to be performed; or
(2) the duration of the work. Any such Supplemental Agreement must be executed by both parties
within the period specified as the term of this Agreement. Consultant shall not perform any work
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or incur any additional costs prior to the execution, by both parties, of such Supplemental
Agreement. Consultant shall make no claim for extra work done or materials furnished unless and
until there is full execution of any Supplemental Agreement, and the City shall not be responsible
for actions by Consultant nor for any costs incurred by Consultant relating to additional work not
directly authorized by Supplemental Agreement.
11.01 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that the City may terminate this
Agreement for the convenience of the City, upon thirty (30) days' written notice to Consultant,
with the understanding that immediately upon receipt of said notice all work being performed
under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily
completed and shall be compensated in accordance with the terms hereof for work accomplished
prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or
anticipated profits for work terminated under this Agreement. Unless otherwise specified in this
Agreement, all data, information, and work product related to this project shall become the
property of the City upon termination of this Agreement and shall be promptly delivered to the
City in a reasonably organ10 ized form without restriction on future use. Should the City
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subsequently contract with a new consultant for continuation of service on the project, Consultant
shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
CirmI*nated
ty and the teparty to fulfill contractual obligations. Termination under this section
shall not relievermi
the nated party of any obligations or liabilities which occurred prior to
termination.
Nothing contained i*n this section shall require the City to pay for any work which I*t deems
unsatisfactory or which is not performiednmpliance with the termsofthi"sAgreement.
Default: Eitherparty may terminate this Agreement, in whole or in part, for defaultl'of the
Party provides the other Party with written notice of such default and the other fails to satisfactorily
cure such defaultwithl*nten (10) business days of receipt of such notice (ora greatertio e
upon between the Parties).
If default results i*n termination of this Agreement, then the City shall give consideration to
the actual costs incurred by Consultant i"n performing the work to the date of default,. The cost of
the work that is useable to the City, the cost to the City of employing another firm to complete the
useable work, and other factors will affect the value to the City of the work performed at the time
of default. Neither party shall be entitled to any lost or anticipated profits for work terminated for
default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or liabilities
which occurred prior to termination.
Nothing contained I*n this section shall require the City to pay for any work which I*t deems
unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
12.01 NON -SOLICITATION
All parties agree that they shall not directly or indirectly solicit for employment,e ploy,
or otherwise retain staff of the other during the term of this Agreement.
13.01 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor and is not the City's employee. Consultant's
employees or subcontractors are not the Clety's employees. This Agreement does not create a
partnership, employer -employee, or joint venture relationship. No party has authority to enter into
contracts as agent for the other party. Consultant and the City agree to the following rights
consistent with an independent contractor relati*onship:
(1) Consultant has the right to perform services for others during the term hereof.
k4l
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, or to use employees to
provide the services required by this Agreement.
(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and the City shall not hire, supervise, or pay assistants to help
Consultant.
(5) Neither Consultant nori'ots employees or subcontractors shall receive training from
the City I*n skills necessary to perform services required by this Agreement.
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(7) Neither Consultant nor its employees or subcontractors are eligible to participate in
any employee pension, health, vacation pay, sick pay, or other fringe benefit plan
of the City,,
14.01 CONFIDENTIALITY0
; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by Consultant
in connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held i"n confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use thereof
other than for the performance of this Agreement, provided that no claim may be made for any
failure to protect information that occurs more than three (3) years after the end of this Agreement.
The parties recognize and understand that the City is subject to the Texas Public
18 Information Act and its duties run in accordance therewith.
All data relating specifically to the Cl*ty's business and any other information which
reasonably should be understood to be confidential to City i*s confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
Is inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant i*s confidential information of Consultant. The CI*ty's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in furtherance
of the purposes of this Agreement and shall not disclose such Confidential Information to any third
party without the other parry's prior written consent, which consent shall not be unreasonably
withheld. Each party agrees to take reasonable measures to protect the confidentiality of the other
party 9 s Confidential Information and to advise their employees of the confidential nature of the
l•J
Confidential Information and of the prohibitions herein.
Any and all materials created and developed by Consultant i*n connection with services
performed under this Agreement, including all trademark and copyright rights, shall be -the sole
property of City at the expiration of this Agreement.
15.01 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or I
ndustry standards and shall be performed i*n a
professional and workmanlike manner. Consultant shall re -perform any work no i*n compliance
with this representation.
16.01 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of the City or of this
Agreement, then and in that event the City shall give written notification to Consultant; thereafter
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(a) Consultant shall either promptly re -perform such services to the Ci'oty's satisfaction at no
additional charge, or (b) I*f such deficient services cannot be cured within the cure period set forth
herein, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the City, its directors, employees or
agents,,
In no event shall Consultant be liable to the CI*ty, by reason of any act or omission relating
to the services provided under this Agreement (including the negligence of Consultant), whether
a claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit, punitive,
special or similar damages relating to or arising from the services, or (b) i"n any event, i'*n the
aggregate, for any amount in excess of the total fees paid by the City to Consultant under this
Agreement, except to the extent determined to have resulted from Consultant's gross negligence,
willful misconduct or fraudulent acts relating to the service provided hereunder.
17.01 INDEMNIFICATION
Consultant agrees to hold harmless, exempt, and I*nemn*dfy Ci*ty, its officers, agents,
directors, servants, representatives and employees, from and against any and all suits, actions, legal
proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of
any character, type, or description, including but not limited to any and all expenses of litigation,
court costs, attorneys' fees and all other costs and fees incident to any work done as a result hereof.
To the extent allowable by law, City agrees to hold harmless, exempt, and indemnify
Consultant, its officers, agents, directors, servants, representatives and employees, from and
against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages,
fines, penalties, liabilities and claims of any character, type, or description, including but not
limited to any and all expenses of litigation, court costs, attorneys' fees and all other costs and fees
incident to any work done as a result hereof.
18.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal representatives
to each other with respect to the terms of this Agreement. Neither party may assign any rights or
delegate any duties under this Agreement without the other parry's prior written approval, which
approval shall not be unreasonably withheld.
19.01 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. The City will not do the following:
(1) Withhold FICA from Consultant's payments or make FICA payments on its
behalf;
(2) Make state and/or federal unemployment compensation contributions on
Consultant's behalf; or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, the City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the City i'Ps not subject to State of Texas Sales and Use Tax.
20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Consultant, its consultants,, agents, employees and subcontractors shall use best efforts to
comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round
Rock, as amended, and with all applicable rules and regulations promulgated by local, state and
national boards, bureaus and agencies. Consultant shall further obtain all permits, licenses,
trademarks, or copyrights, if required in the performance of the services contracted for herein, and
same shall belong solely to the City at the expiration of the term of this Agreement.
Be In accordance with Chapter 2270, Texas Government Code, a governmental entity may not
enter into a contract with a company for goods and services unless the contract contains written
verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The signatory executing this Agreement on behalf of Consultant
verifies Consultant does not boycott Israel and will not boycott Israel during the term of this
Agreement.
21.01 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct ori'pndirect, i*n the purchase or
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sale of any product, materials or equipment that will be recommended or required hereunder.
22.01 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to actl'on its behalf with
regard to this Agreement:
David Freireich, P.E., Utility Engineering Manager
Utilities and Environmental Services
3400 Sunrise Road
Round Rock, TX 78665
dfre ire ich (a),roundrocktexas.-- ---- Gov
23.01 NOTICES
All notices and other communicah'Ponsi'On connection with this Agreement shall be i*n writing
and shall be considered given as follows0
:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage prepaid
to the recipient's address as stated in this Agreement.
Notice to Consultant:
Rafteli*s Financial Consultants, Inc.
3775 Capital of Texas Highway
Suite 155
Austin, TX 78704
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Consultant.
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24.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of Texas.
25.01 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
19
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties expressly
agree that, in the event of any conflict between the terms of this Agreement and any other writing,
this Agreement shall prevail. No modifications of this Agreement will be binding on any of the
parties unless acknowledged i*n writing by the duly authorized governing body or representative
for each party.
26.01 DISPUTE RESOLUTION
The City and Consultant hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration
Act (9 USC Section 1-14) or any applicable state arbitration statute.
27.01 SEVERABILITY
The invalidity, illegality, or unenforceab1*1ity of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shallion no way
affect the validity or enforceability of any other portion or provision of this Agreement. Any void
provision shall be deemed severed from this Agreement, and the balance of this Agreement shall
be construed and enforced as I*f this Agreement did not contain the particular portion of provision
held to be void. The parties further agree to amend this Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision. The
provisions of this Article shall not prevent this entire Agreement from being void should a
provision which i*s of the essence of this Agreement be determined void.
28.01 STANDARD OF CARE
Consultant represents that i'*t is specially trained, experienced and competent to perform all
of the services, responsibilities and duties specified herein and that such services, responsibilities
and duties shall be performed, whether by Consultant or designated subconsultants, in a manner
acceptable to the City and according to generally accepted business practices.
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29.01 GRATUITIES AND BRIBES
City,, may by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant I*f I*t I*s determined by City that gratuities or bribes i'*n the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties statedl'*n Title
8 of the Texas Penal Code.
30.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement,, i"n good faith, has reason to question the other
parry's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand i*s made, then and I*n that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
31.01 MISCELLANEOUS PROVISIONS
Tiis of the Essence. Consultant agrees that time imes of the essence and that any failure
of Consultant to complete the services for each phase of this Agreement within the agreed project
schedule may constitute a material breach of this Agreement. Consultant shall be fully responsible
for its delays or for failures to use reasonable efforts i*n accordance with the terms of this
Agreement. Where damage i*s caused to City due to Consultant's failure to perform t"n these
circumstances, City may withhold, to the extent of such damage, Consultant's payments hereunder
without a waiver of any of Cl*ty's additional legal rights or remedies. City shall render decisions
pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of
Consultant's work.
Force Majeure, Notwithstanding any other provisions herein to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default or
breach of this Agreement, only to the extent that such failure to perform, delay or default arises
out of causes beyond control and without the fault or negligence of the party otherwise chargeable
with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil
war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other
casualties, strikes or other labor troubles, which in any way restrict the performance under this
Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall impair
such right or power or be construed to be a waiver. A waiver by either party of any of the covenants
to be performed by the other or any breach thereof shall not be construed to be a waiver of any
succeeding breach or of any other covenant. No waiver or discharge shall be valid unless in writing
I I
and signed by an authorized representative of the party against whom such waiver or discharge is
sought to be enforced.
Multiple Counterparts. This Agreement maybe executed i*n multiple counterparts, which
taken together shall be considered one original. The City agrees to provide Consultant with one
fully executed original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter
indicated.
City of Round Rock, Texas
Raftell*s Fjnanci*al Consultants, Inc.
-L:;w7
By: By:
Printed Name: Printed Name:
Title:
Date Signed:
For City, Attest:
By:
Sara L. White, City Clerk
For City, Approved as to Form.*
UD2
Stephan L. Sheets, City Attorney
12
Id J. Smith
Title: Vice President
Date Signed: 11/17/20
EXHIBIT A —SCOPE OF WORK
Raftelis proposes providing the following services for the rate case:
1) Provide financial and rate analysis, as needed, through the rate case as it relates to the 2017
Wholesale Rate Study;
2) Provide rate case support as it relates to the development of the 2017 Wholesale Rate Study. Rate
case support will include providing direct and rebuttal testimony and participation in hearings if
necessary;
3) Provide input into rate case strategy;
4) Respond to Requests for Information in coordination with Round Rock staff;
5) Develop any additional analysis required for settlement discussions or the rate case testimony.
Revision 6/17/2019
EXHIBIT B — WORK SCHEDULE
The schedule for these services will be dependent upon the rate case.
EXHIBIT C — FEE SCHEDULE
We propose an initial budget of $175,000 for the rate case. Once we exceed this amount, we propose to
complete the case on a time and materials basis at the Standard Hourly Billing Rates as shown below:
Raftell*s' 2020 & 2021 Standard Hourly Billing Rates
Position
Chair
Chief Executive Officer/President
Executive Vice President
Vice President/Principal Consultant
Director of Governmental Services
Senior Manager
Di40
rector of Florida Operations
Manager
Director of Data Services
Senior Consultant
Consultant
Creative Director
Associate
GraPhic Designer
Analyst
Administration
Technology/Communications Charge*
Ho-urlv Billing Rate
$450
$400
$340
$310
$310
$275
$225
$245
$245
$215
$185
$175
$155
$125
$110
$80
$10
* Technology/Communications Charge — this is an hourly fee charged monthly for each hour
worked on the project to recover telephone, facsimilie, computer, postage/overnight delivery,
conference calls, electronic/computer webinars, photocopies, etc.
Revision 6/17/2019
EX..HIBIT-.-D�--..CERTlF
ICATE OFINSURANGE
Revision 6/17/2019
Cflent#: 1722493
RAFTEFIN
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
[7DA7TE�(MM/DD/YYYY`)
�on$nozo
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Cameron M Harris 8 Co, LLC
Div USI Ins
6100 Fairview Road Ste 1400
Charlotte, NC 28210
ryCOCT
gMEA Linda Rolfe
PHONE 980-265-5804 FAX
(A/C,+No, E"t:(A/C, No ):
ADDRESS, : Iinda.rolfebusi.com
INSURER(3) AFFORDING COVERAGE
NAIC #
iNsurtett A: National Fire Insurance Co. of Hartford
20478
INSURED
Raftelis Financial Consultants, Inc.
227 West Trade Street, Ste. 1400
Charlotte, NC 28202
INSURER B : Continental Insurance Company
35289
iNsurtert c : American Casualty Company of Reading PA
---- 0-
20427
INSURER o : Continental Casualty Company
20443
INSURER E
INSURER F:
J
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
7ypE OF INSURANCE
ADDL
INSR
SUBR
YWD
POLICY NUMBER
POLICY EFP
MM/DD(MM1DD/YYYY)
POLICY EXP
LIMITS
I
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE �X OCCUR
6076000011
01/21/2020
01/21/2021
EACH OCCURRENCE
1$120009000
DAMAGE
PREMISES?,Eao�Turrence
$5009000
MED EXP (Any one person)
$152000
PERSONAL & ADV INJURY
$1,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
POLICY I IJE PRT ILOC
OTHER:
GENERAL AGGREGATE
s2,000,000
PRODUCTS - COMP/OP AGG
s2,000,000
$
D
AUTOMOBILE LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
X AUTOS ONLY X NON-0WNED
AUTOS ONLY
1 1
6076000025
01/21/2020
01/21/2021
COMBINE(EaacoideDnt)SINGLELIMIT
�VOOO9OOO
BODILY INJURY (Par person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
$
B
X
UMBRELLA LIAR
EXCESS LIAR
X
OCCUR
CLAIMS -MADE
6076000039
01/21/2020
01/21/2021
EACH OCCURRENCE
s5,OOO.00O
AGGREGATE
s5,000,000
DED X RETENTION $10000
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y�N
OFFICER/MEMBER EXCLUDED? NJ
(Mandatory Indescribe NH)
If yes,under
DESCRIPTION OF OPERATIONS below
N / A
6076305637
6076000042
01/21/2020
1I21I2020
01/21/2021
01/21/2021
x PER STATUTE OTH-
IER
E.L. EACH ACCIDENT
$I OOOOOO
E.L. DISEASE - EA EMPLOYEE
$1,000,000
E.L. DISEASE -POLICY LIMIT
$1,000,000
D
Prof. Liability
652071235
01/21/2020
01/21/2021
$5,000,000 Occurrence
$5,000,000 Aggregate
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
City of Round Rock is included as additional insured with respect to General Liability, Automobile
Liability and umbrella will follow form. 30 day notice of cancellation will ge given except for non-payment
of premium will be 10 days if required by written contract.
CERTIFICATE HOLDER CANCELLATION
City Manager
City of Round Rock
221 E. Main Street
Round Rock, TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
O 1988=2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) 1 of I The ACORD name and logo are registered marks of ACORD
#S30287526/M27719186 YVPZP